PA Property Owner Sues Over Post Fire Demolition

The owner of a house in Wilkes-Barre, Pennsylvania is suing the city claiming it wrongfully ordered the demolition of the building three days after a fire last November. Melinda Deiter and her father, John Deiter, filed suit in US District Court earlier this year claiming the city’s order to demolish the building was a violation of the 14^th Amendment’s Due Process clause and a violation of the 4^th Amendment.

The fire occurred on November 15, 2015 at a house owned by Ms. Deiter and occupied by her father. According to the complaint, despite the fact that the fire only caused $5,000 damage and the building was reparable, city building official Frank Kratz ordered the building razed without even notifying Ms. Deiter or her father.

Quoting from the complaint:

• Wilkes-Barre City has demolished numerous properties within its boundaries.
• Wilkes-Barre City’s policy or custom is that notice to a property owner is not necessary prior to demolishing a property, regardless of the existence or non-existence of any danger from a structure.
• Wilkes-Barre City contracted with a company to demolish Ms. Deiter’s property.
• Wilkes-Barre City did not provide notice or any other due process to Ms. Deiter or to Mr. Deiter, whose possessions were inside the property.
• Deiter asked why Mr. Kratz had not called her to inform her of his plan to have the house demolished.
• Kratz responded that he did not have Ms. Deiter’s phone number. Ms. Deiter said the fire chief and police officer had her phone number to which Mr. Kratz responded that it is too late now.
• All of Mr. Deiter’s possessions he had acquired over a lifetime were in the house.
• Kratz’s conduct was recklessly indifferent to plaintiffs’ constitutional rights and therefore warrants the imposition of punitive damages.

The complaint alleges three counts, one for an unconstitutional “taking” of property without due process, one for an illegal seizure of property without a warrant, and one for state law conversion.

Here is a copy of the complaint: Deiter v Wilkes Barre

The city has moved to dismiss the complaint. More on the story.